Infringement – Notice and Demand for Further and Better ParticularsPosted by jeff-davidson on December 13, 2022 at 4:14 pm
I just heard of an interesting reply to a Notice and Demand for Further and Better Particulars.
Basically their response to a request for proof of claim was that “they don’t have to prove an
offence unless the matter proceeds to court” and “failure to pay the infringement before the
due date, will result in further enforcement action”
If they believe they have a valid claim then shouldn’t they either justify it or take me to court
instead of forcing me to take them to court?
MemberDecember 13, 2022 at 4:29 pm
That is a non answer. If they say that to you in a letter then you can perhaps say ‘Thank you for your response however that is not an answer to my question and there are still other matters that you have not answered blah blah’ [repeat the questions you sked in your first Notice and this time it would be a default notice as to give them a second opportunity to answer your questions]. I am just speaking from my own experience and from what I have learnt on here. This module has some examples of Demand Notices http://solutionsempowerment.org/p/module-19-options-to-deal-with-infringements/
MemberDecember 13, 2022 at 5:04 pm
Brilliant, thank you.
MemberDecember 22, 2022 at 1:14 pm
Glad I spotted this – I’m about to deal with one of these BUT I can’t find the letter templates. I gathered from the notes, they are member inclusions. Could someone point me there please ??
MemberDecember 22, 2022 at 3:26 pm
The paperwork is not included with membership but an 80 minute video on what to do is
free for members
MemberDecember 22, 2022 at 9:53 pm
Ok – Thanks
Will check it out promptly.
- This reply was modified 1 year, 2 months ago by tasman. Reason: Missed a word
MemberJanuary 4, 2023 at 6:56 pm
I sent the 1st “Request for further and better particulars” by Regd mail 23/12/22 based on the webinar I watched. This was in response to a “Reminder Notice”. I never received an original Infringement Notice. My notice was addressed to Commissioner of Fines Administration and sent to the PO Box. I now have no idea where got that from??. The reminder notice refers to it being issued by an “authorised officer of Lane Cove Council”. I have just now received an email from Revenue NSW with further reminder to pay by Jan 12th.
HAVE I MESSED UP BY WRONGLY ADDRESSING MY FIRST NOTICE ??
SHOULD I ISSUE THE 2ND TO THE UN-NAMED PARKING OFFICER AT LANE COVE COUNCIL?
I just purchased module 19 and find it most confusing – I am about to give up on all this.
MemberJanuary 6, 2023 at 10:14 am
One option would be to Send the Ranger a copy of the Conditional Acceptance Letter you
sent to Fines Administration with a cover letter explaining that you are waiting on proof of
claim from them so that you may proceed and deal with the fine.
Ask if he is taking over responsibilty for the claim and will he providing the evidence
you required in order to be able to finalise this matter?
MemberJanuary 6, 2023 at 1:30 pm
Thanks for doc on “How to write Notice” I have now adapted the “Mod19 DEMAND” template to use for 2nd Notice – BUT still would like comment on whether to include Parking Ranger – doesn’t feel right to me. Looking at the webinar, I’m still unclear on process after the Final Notice. What is the process/step that establishes they are in default and how is that used to fend off ongoing claims.?
Please help me with letter 2 attached.
MemberJanuary 6, 2023 at 3:46 pm
Here’s what you do after the third notice
MemberJanuary 6, 2023 at 3:50 pm
Excellent Notice!! Correction to No 8. just turn with drawn into one word withdrawn
MemberJanuary 6, 2023 at 10:42 pm
I just heard of a Magistrate asking what act (legislation) this default notice was issued under.
I assume the correct answer would be “Commercial Law” ?
MemberJanuary 7, 2023 at 11:58 am
You never answer their questions or you immediately come under their jurisdiction. To stay in your correct role as creditor you need to answer a question with a question eg “does it not say blah blah blah in so and so act that you are bound by blah blah blah” and have the evidence on hand if necessary “If I could just pass this up you might see what I am referring to” etc This is all in the webinars, just keep watching and learning and this will become second nature to you.